| Citation(s) |
|---|
| 1963 SLG 3424 = 1963 SLD 3424 = 1963 PLD 293 |
Supreme Court of Pakistan
Civil Appeal No. K-6 of 1962, decided on 9th April 1963.
Presented By: Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Fakhruddin G. Ebrahim Advocate Supreme Court instructed by S. M. Hanif Attorney for Appellants.
Respondent No. 1: Ex parte.
Respondents Nos. 2 & 3 did not want to defend. Date of hearing: 9th April 1963.
Civil Appeal No. K-6 of 1962, decided on 9th April 1963.
Presented By: Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Fakhruddin G. Ebrahim Advocate Supreme Court instructed by S. M. Hanif Attorney for Appellants.
Respondent No. 1: Ex parte.
Respondents Nos. 2 & 3 did not want to defend. Date of hearing: 9th April 1963.
RASHID TEXTILE MILLS LTD., KARACHI--Appellants
VERSUS
THE RASHID TEXTILE MILLS BRANCH COMMITTEE OF THE KARACHI TEXTILE LABOUR UNION AND Other s---Respondents
Law:
Section:
(On appeal from the Award of the Central Industrial Court of Pakistan at Karachi, in Industrial Dispute No. 24 of 1960, published in the Gazette of Pakistan, Extraordinary, dated the 29th April 1961). Special Leave to Appeal to Supreme Court-Granted to consider question whether Industrial Tribunal has jurisdiction to make award in conflict with Factories Act (XXV of 1934), or with Standing Orders framed by Government-Constitution of Pakistan (1956), Art. 160. Factories Act (XXV of 1934), S. 49-B, Explanation read with S. 49-A(2)-S. 49-B does not prescribe any maximum or standard leave-Leave can be subject of award, arrangement, or contract-S. 49-A (2) is not confined to "existing" award, arrange ment, or contract of service - Interpretation of statutes-Words cannot be imported into Act unless it is absolutely necessary to do so-Court would prefer to adopt beneficent construction out of two constructions-Award declaring 265 days' work as sufficient for entitlement to annual leave, held, unexceptionable-Central Govern ment's Standing Order No. 8 (I)-[Alembic Chemical Works Company Limited v. The Workmen A I R 1961 S C 647 ref.]. JUDGMENT FAZLE-AKBAR, J.-This appeal has been filed with the special leave granted by this Court to consider one point, namely: "Whether the Industrial Court has the jurisdiction to make, an award which is in conflict with the provisions of the Factories Act and the Standing Orders framed by the Central Government regulating the conditions of employment of labour in industrial concerns." There is no dispute as to the facts. An industrial dispute having arisen between the Rashid Textile Mills Limited, Karachi (hereinafter referred to as `the Mills') and its employees (herein after referred to as `the Union'), and the conciliation proceedings having failed, the Union made an application under section 5 (5) of Ordinance III of 1960, and rule 9 Of the Industrial Disputes (Central) Rules, 1960 for adjudication of the industrial dispute which consisted of 17 demands. During the proceedings two demands were dropped and the parties filed a Memorandum of Settlement with…